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LawTalk, Attorney and Counselor at Law

Category: Family Law

Satisfied Customers: 35390

Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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I have a child custody questions, California san diego, no,

Customer Question

i have a child custody questionsJA: Because family law varies from place to place, can you tell me what state this is in?Customer: California san diegoJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: So, the father of my child is newly in the marines. We've not always gotten along , we have our ups and down but i try to keep it as civil as possible. Our child is 6yo now. He's never paid child support or helped me with anything and has always tried to keep custody 50/50. I expected at least when he was first gone for training almost 9mo that he would send me money and nothing. When he came back he was surprisingly nice to me. He asked if i could go to court with him and sign over 1 percent more to him making it 51-49 so he could get BAH. I had my reservations about this. I said no and he asked a few times. Eventually i set some conditions and he said he'd pay for child support since he'd have more money. He got the housing he never did anything he said he would do to help and when he left on a 6mo deployment he only send 200.00 dollars. He's done quite a few irresponsible things as well. Last night was my last straw. He was extremely drunk on his weekend with our child. Which is fine if he likes to drink then so be it but not at my childs expense. He was calling me drunk all night last till 1AM trying to talk while i sleep with my fiancé. His mom calls me this morning saying he left our son there and was up since 6AM waiting for his dad to pick him up from school. I was livid. My question is can i easily take that one percent back. He is trying to threaten me and i am just done. he reaped the benefits of the military which i don't believe he deserves.

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, you may file a new motion with the court for a Modification of Child Custody and at the same time ask the court to award you child support. But no, it is not as easy as the two of you stipulating to the 1% change that you previously did. But it is not difficult either. You can do it without an attorney.

You will need to file the following form that asks for a change in the present custody order and for a new order for child support: http://www.courts.ca.gov/documents/fl300.pdf

Here is the instruction sheet to help you fill out the FL-300: http://www.courts.ca.gov/documents/fl300info.pdf

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